PENGHENTIAN PENYIDIKAN TERHADAP PENYELESAIAN TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA (KDRT) MELALUI PERDAMAIAN (Studi Kasus Di Wilayah Hukum Polres Banyuasin)

SUSANTI, FEBRI and Pattanasse, Syarifudin and Nasriani, Nasriani (2019) PENGHENTIAN PENYIDIKAN TERHADAP PENYELESAIAN TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA (KDRT) MELALUI PERDAMAIAN (Studi Kasus Di Wilayah Hukum Polres Banyuasin). Undergraduate thesis, University Sriwijaya.

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Abstract

Human rights are one of the most important aspects that must be upheld. There are many kind of problems that related to human rights. One of the examples is the right to manifest its religion or belief in Article 18 of Universal Declaration of Human Rights (UDHR). The aim of this thesis is to examine whether the rules made by Belgium are in line with the European Convention on Human Rights (ECHR) or not. The state can limit the rights of citizens for an urgent state (State of Emergency). Belgium has made a rule to ban clothes that partially or fully cover the face (niqab) in public places in order to protect the rights and freedom of others also to guarantee the concept of living together. This regulation led to contradictions from some citizens that claimed if the rules that have been imposed are discriminatory and infringed their rights to manifest their religion. In writing this thesis the author employs normative and empirical methods. The author also employs several approaches, such as statute approach, historical approach, comparative approach and analytical approach. The data collected was analyzed descriptively qualitatively. Thus the conclusion obtained by the author is Belgium’s ban on clothes that partially or fully cover the face (niqab) in public was legal under the European Convention on Human Rights by decision of ECtHR on the case of Balcacemi and Oussar v. Belgium (Application no. 37798/13) on July 11, 2017. Based on the description above, the author suggests that it is necessary to disseminate to the public about the purpose and limitation of aurat in islamic law

Item Type: Thesis (Undergraduate)
Uncontrolled Keywords: Belgium, Prohibition of Niqab, Decision of European Court of Human Rights
Subjects: K Law > KF United States Federal Law
Divisions: 02-Faculty of Law > 74201-Law (S1)
Depositing User: Users 15 not found.
Date Deposited: 11 Jul 2019 06:46
Last Modified: 18 Jul 2019 15:28
URI: http://repository.unsri.ac.id/id/eprint/141

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